The Supreme Court has decided to take up the criminal case of Frank Spisak for a second time. Spisak is a neo-Nazi who was convicted of murdering three men in Ohio and sentenced to death twenty-five years ago. However, the Sixth Circuit threw out the conviction after two sentencing hearings, one demanded by the Supreme Court after reviewing the case in October 2007. The Court has previously reinstated the sentence in disagreeing with the Sixth Circuit, but the appellate court proceeded on remand to again throw out the sentence. The case involved a bizarre argument by the defense counsel that encouraged the jury to consider damaging non-aggravating factors in sentencing, including a rambling and dark description of the “smell of death” surrounding the crimes.
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